FL
Florida House Bill H1015

Florida 2025 Regular Session

Florida House Bill H1015 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
15-An act relating to flood disclosures; creating s. 2
16-83.512, F.S.; requiring a landlord of residential real 3
17-property to provide specified information to a 4
18-prospective tenant at or before the time the rental 5
19-agreement is executed; specifying how such informati on 6
20-must be disclosed; defining the term "flooding"; 7
21-providing that if a landlord fails to disclose flood 8
22-information truthfully and a tenant suffers 9
23-substantial loss or damage, the tenant may terminate 10
24-the rental agreement by giving a written notice of 11
25-termination and surrendering possession of the 12
26-property to the landlord within a specified timeframe; 13
27-defining the term "substantial loss or damage"; 14
28-requiring a landlord to refund the tenant all amounts 15
29-paid in advance for any period after the effective 16
30-date of the termination of the rental agreement; 17
31-providing that a tenant is still liable for any sum 18
32-owed to the landlord before the termination of the 19
33-rental agreement; amending s. 689.302, F.S.; revising 20
34-the flood information that must be disclosed to 21
35-prospective purchasers of residential real property; 22
36-amending ss. 718.503 and 719.503, F.S.; requiring a 23
37-developer of a residential condominium unit or a 24
38-residential cooperative unit to provide specified 25
15+An act relating to real property and condominium flood 2
16+disclosures; creating s. 83.512, F.S.; requiring a 3
17+landlord of residential real property to provide 4
18+specified information to a prospective tenant at or 5
19+before the time the rental agreement is executed; 6
20+specifying how such information must be disclosed; 7
21+defining the term "flooding"; providing that if a 8
22+landlord fails to disclose flood information 9
23+truthfully and a tenant suffers substantial loss or 10
24+damage, the tenant may terminate the rental agreement 11
25+by giving a written notice of termination to the 12
26+landlord within a specified timeframe; defining the 13
27+term "substantial loss"; requiring a landlord to 14
28+refund the tenant all amounts paid in advance for any 15
29+period after the effective date of the termination of 16
30+the rental agreement; providing that a tenant is still 17
31+liable for any sum owed to the landlord before the 18
32+termination of the rental agreement; amending s. 19
33+689.302, F.S.; revising the flood information that 20
34+must be disclosed to prospective purchasers of 21
35+residential real property; amending s. 718.503, F.S.; 22
36+requiring a developer of a residential condominium 23
37+unit to provide specified information to a prospective 24
38+purchaser at or before the time the sales contract is 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-information to a prospective purchaser at or before 26
52-the time the sales contract is executed; specifying 27
53-how such information must be disclosed; defining the 28
54-term "flooding"; amending s. 723.011, F.S.; requiring 29
55-a mobile home park owner to provide specified 30
56-information to a prospective lessee before the time 31
57-the lot rental agreement is executed or at the time of 32
58-occupancy, whichever occurs first; specifying how such 33
59-information must be disclosed; defining the term 34
60-"flooding"; providing that if a mobile home park owner 35
61-fails to disclose flood information truthfully and a 36
62-lessee suffers substantial loss or damage, the lessee 37
63-may terminate the lot rental agreement by giving a 38
64-written notice of termination to the mobile home park 39
65-owner within a specified timeframe; specifying when 40
66-such termination is effective; defining the term 41
67-"substantial loss or damage"; requiring a mobile home 42
68-park owner to refund the lessee all amounts paid in 43
69-advance for any period after the effective date of the 44
70-termination of the lot rental agreement; providing 45
71-that a lessee is still liable for any sum owed to the 46
72-mobile home park owner before the termination of the 47
73-lot rental agreement; providing an effective date. 48
74- 49
75-Be It Enacted by the Legislature of the State of Florida: 50
51+executed; specifying how such information must be 26
52+disclosed; defining the term "flooding"; providing an 27
53+effective date. 28
54+ 29
55+Be It Enacted by the Legislature of the State of Florida: 30
56+ 31
57+ Section 1. Section 83.512, Florida Statutes, is created to 32
58+read: 33
59+ 83.512 Disclosure of flood risks to prospective tenant of 34
60+residential real property. — 35
61+ (1) A landlord must complete and provide a flood 36
62+disclosure to a prospective tenant of residential real property 37
63+at or before the execution of a rental agreement for a term of 1 38
64+year or longer. The flood disclosure must be in a separate 39
65+document. The flood disclosure must be made in substantially the 40
66+following form: 41
67+ 42
68+FLOOD DISCLOSURE 43
69+Flood Insurance: Renters' insurance policies do not include 44
70+coverage for damage resulting from floods. Tenant is encouraged 45
71+to discuss the need to purchase separate flood insurance 46
72+coverage with Tenant's insurance agent. 47
73+ 1. Landlord is .... is not .... aware of damage to the 48
74+dwelling unit caused by flooding during the landlord's ownership 49
75+of the property. 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88- 51
89- Section 1. Section 83.512, Florida Statutes, is created to 52
90-read: 53
91- 83.512 Disclosure of flood risks to prospective tenant of 54
92-residential real property. — 55
93- (1) A landlord must complete and provide a flood 56
94-disclosure to a prospective tenant of residential real property 57
95-at or before the execution of a rental agreement for a term of 1 58
96-year or longer. The flood disclosure must be in a separate 59
97-document from the rental agreement. The flood disclosure must be 60
98-made in substantially the following form: 61
99- 62
100-FLOOD DISCLOSURE 63
101-Flood Insurance: Renters' insurance policies do not 64
102-include coverage for damage resulting from floods. 65
103-Tenant is encouraged to discuss the need to purchase 66
104-separate flood insurance coverage with Tenant's 67
105-insurance agent. 68
106- 1. Landlord is ☐ is not ☐ aware of damage to the 69
107-dwelling unit caused by flooding during the landlord's 70
108-ownership of the property. 71
109- 2. Landlord has ☐ has not ☐ filed a claim with 72
110-an insurance provider relating to flood damage to the 73
111-dwelling unit, including, but not limited to, a claim 74
112-with the National Flood Insurance Program. 75
88+ 2. Landlord has .... has not .... filed a claim with an 51
89+insurance provider relating to flood damage to the dwelling 52
90+unit, including, but not limited to, a claim with the National 53
91+Flood Insurance Program. 54
92+ 3. Landlord has .... has not .... received assistance for 55
93+flood damage to the d welling unit, including, but not limited 56
94+to, assistance from the Federal Emergency Management Agency. 57
95+ 4. For the purposes of this disclosure, the term 58
96+"flooding" means a general or temporary condition of partial or 59
97+complete inundation of the dwelling uni t caused by any of the 60
98+following: 61
99+ a. The overflow of inland or tidal waters. 62
100+ b. The unusual and rapid accumulation of runoff or surface 63
101+waters from any established water source, such as a river, 64
102+stream, or drainage ditch. 65
103+ c. Sustained periods of standing water resulting from 66
104+rainfall. 67
105+ 68
106+ (2) If a landlord violates this section and a tenant 69
107+suffers a substantial loss or damage to the tenant's personal 70
108+property as a result of flooding, the tenant may terminate the 71
109+rental agreement by giving a writte n notice of termination to 72
110+the landlord no later than 30 days after the date of the damage 73
111+or loss. Termination of a rental agreement under this section is 74
112+effective upon the tenant surrendering possession of the 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125- 3. Landlord has ☐ has not ☐ received assistance 76
126-for flood damage to the dwelling unit, including, but 77
127-not limited to, assistance from the Federal Emergency 78
128-Management Agency. 79
129- 4. For purposes of this disclosure, the term 80
130-"flooding" means a general or temporary condition of 81
131-partial or complete inundation of the dwelling unit 82
132-caused by any of the following: 83
133- a. The overflow of inland or tidal waters. 84
134- b. The unusual and rapid accumulation of runoff 85
135-or surface waters from any established water source, 86
136-such as a river, str eam, or drainage ditch. 87
137- c. Sustained periods of standing water resulting 88
138-from rainfall. 89
139- 90
140- (2) If a landlord violates this section and a tenant 91
141-suffers a substantial loss or damage to the tenant's personal 92
142-property as a result of flooding, the tenant may terminate the 93
143-rental agreement by giving a written notice of termination and 94
144-surrendering possession of the property to the landlord no later 95
145-than 30 days after the date of the damage or loss. Termination 96
146-of a rental agreement under this section is effective upon the 97
147-tenant surrendering possession of the property. For purposes of 98
148-this section, the term "substantial loss or damage" means the 99
149-total cost of repairs to or replacement of the personal property 100
125+property. For the purpose of this section, the term "substantial 76
126+loss or damage" means the total cost of repairs to or 77
127+replacement of the personal property is 50 percent or more of 78
128+the personal property's market value on the date the flooding 79
129+occurred. 80
130+ (3) A landlord shall refund the tenant all r ent or other 81
131+amounts paid in advance under the rental agreement for any 82
132+period after the effective date of the termination of the rental 83
133+agreement. 84
134+ (4) This section does not affect a tenant's liability for 85
135+delinquent, unpaid rent or other sums owed to th e landlord 86
136+before the date the rental agreement was terminated by the 87
137+tenant under this section. 88
138+ Section 2. Section 689.302, Florida Statutes, is amended 89
139+to read: 90
140+ 689.302 Disclosure of flood risks to prospective 91
141+purchaser.—A seller must complete and provide a flood disclosure 92
142+to a purchaser of residential real property at or before the 93
143+time the sales contract is executed. The flood disclosure must 94
144+be made in the following form: 95
145+FLOOD DISCLOSURE 96
146+Flood Insurance: Homeowners' insurance policies do not in clude 97
147+coverage for damage resulting from floods. Buyer is encouraged 98
148+to discuss the need to purchase separate flood insurance 99
149+coverage with Buyer's insurance agent. 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-is 50 percent or more of the personal property's market value on 101
163-the date the flooding occurred. 102
164- (3) A landlord shall refund the tenant all re nt or other 103
165-amounts paid in advance under the rental agreement for any 104
166-period after the effective date of the termination of the rental 105
167-agreement. 106
168- (4) This section does not affect a tenant's liability for 107
169-delinquent, unpaid rent or other sums owed to the landlord 108
170-before the date the rental agreement was terminated by the 109
171-tenant under this section. 110
172- Section 2. Section 689.302, Florida Statutes, is amended 111
173-to read: 112
174- 689.302 Disclosure of flood risks to prospective 113
175-purchaser.—A seller must complete and p rovide a flood disclosure 114
176-to a purchaser of residential real property at or before the 115
177-time the sales contract is executed. The flood disclosure must 116
178-be made in the following form: 117
179-FLOOD DISCLOSURE 118
180-Flood Insurance: Homeowners' insurance policies do not 119
181-include coverage for damage resulting from floods. 120
182-Buyer is encouraged to discuss the need to purchase 121
183-separate flood insurance coverage with Buyer's 122
184-insurance agent. 123
185- (1) Seller is ☐ is not ☐ aware of damage to the 124
186-property caused by flooding during the Sel ler's 125
162+(1) Seller has ☐ has not ☐ filed a claim with an insurance 101
163+provider relating to flood dama ge on the property, including, 102
164+but not limited to, a claim with the National Flood Insurance 103
165+Program. 104
166+(2) Seller has ☐ has not ☐ received federal assistance for 105
167+flood damage to the property, including, but not limited to, 106
168+assistance from the Federal Emerg ency Management Agency. 107
169+(3) Seller is ☐ is not ☐ aware of damage to the property caused 108
170+by flooding during the Seller's ownership of the property. 109
171+(4)(3) For the purposes of this disclosure, the term "flooding" 110
172+means a general or temporary condition of p artial or complete 111
173+inundation of the property caused by any of the following: 112
174+(a) The overflow of inland or tidal waters. 113
175+(b) The unusual and rapid accumulation of runoff or surface 114
176+waters from any established water source, such as a river, 115
177+stream, or drainage ditch. 116
178+(c) Sustained periods of standing water resulting from 117
179+rainfall. 118
180+ Section 3. Paragraph (a) of subsection (1) of section 119
181+718.503, Florida Statutes, is amended to read: 120
182+ 718.503 Developer disclosure prior to sale; nondeveloper 121
183+unit owner disclosure prior to sale; voidability. — 122
184+ (1) DEVELOPER DISCLOSURE. — 123
185+ (a) Contents of contracts. —Any contract for the sale of a 124
186+residential unit or a lease thereof for an unexpired term of 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199-ownership of the property. 126
200- (2)(1) Seller has ☐ has not ☐ filed a claim with 127
201-an insurance provider relating to flood damage on the 128
202-property, including, but not limited to, a claim with 129
203-the National Flood Insurance Program. 130
204- (3)(2) Seller has ☐ has not ☐ received federal 131
205-assistance for flood damage to the property, 132
206-including, but not limited to, assistance from the 133
207-Federal Emergency Management Agency. 134
208- (4)(3) For the purposes of this disclosure, the 135
209-term "flooding" means a general or temporary condi tion 136
210-of partial or complete inundation of the property 137
211-caused by any of the following: 138
212- (a) The overflow of inland or tidal waters. 139
213- (b) The unusual and rapid accumulation of runoff 140
214-or surface waters from any established water source, 141
215-such as a river, stream, or drainage ditch. 142
216- (c) Sustained periods of standing water 143
217-resulting from rainfall. 144
218- Section 3. Paragraph (a) of subsection (1) of section 145
219-718.503, Florida Statutes, is amended to read: 146
220- 718.503 Developer disclosure prior to sale; nondeveloper 147
221-unit owner disclosure prior to sale; voidability. — 148
222- (1) DEVELOPER DISCLOSURE. — 149
223- (a) Contents of contracts. —Any contract for the sale of a 150
199+more than 5 years shall: 126
200+ 1. Contain the following legend in consp icuous type: THIS 127
201+AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF 128
202+THE BUYER'S INTENTION TO CANCEL WITHIN 15 DAYS AFTER THE DATE OF 129
203+EXECUTION OF THIS AGREEMENT BY THE BUYER, AND RECEIPT BY BUYER 130
204+OF ALL OF THE ITEMS REQUIRED TO BE DELIVERED TO HIM OR HER BY 131
205+THE DEVELOPER UNDER SECTION 718.503, FLORIDA STATUTES. THIS 132
206+AGREEMENT IS ALSO VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE 133
207+OF THE BUYER'S INTENTION TO CANCEL WITHIN 15 DAYS AFTER THE DATE 134
208+OF RECEIPT FROM THE DEVELOPER OF ANY AMENDMENT WHIC H MATERIALLY 135
209+ALTERS OR MODIFIES THE OFFERING IN A MANNER THAT IS ADVERSE TO 136
210+THE BUYER. ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS 137
211+SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE TIME FOR CLOSING FOR 138
212+A PERIOD OF NOT MORE THAN 15 DAYS AFTER THE BUYER HAS R ECEIVED 139
213+ALL OF THE ITEMS REQUIRED. BUYER'S RIGHT TO VOID THIS AGREEMENT 140
214+SHALL TERMINATE AT CLOSING. FIGURES CONTAINED IN ANY BUDGET 141
215+DELIVERED TO THE BUYER PREPARED IN ACCORDANCE WITH THE 142
216+CONDOMINIUM ACT ARE ESTIMATES ONLY AND REPRESENT AN 143
217+APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND 144
218+CIRCUMSTANCES EXISTING AT THE TIME OF THE PREPARATION OF THE 145
219+BUDGET BY THE DEVELOPER. ACTUAL COSTS OF SUCH ITEMS MAY EXCEED 146
220+THE ESTIMATED COSTS. SUCH CHANGES IN COST DO NOT CONSTITUTE 147
221+MATERIAL ADVERSE CHANGES IN THE OFFER ING. 148
222+ 2. Contain the following caveat in conspicuous type on the 149
223+first page of the contract: ORAL REPRESENTATIONS CANNOT BE 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-residential unit or a lease thereof for an unexpired term of 151
237-more than 5 years shall: 152
238- 1. Contain the following leg end in conspicuous type: 153
239- 154
240-THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING 155
241-WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL 156
242-WITHIN 15 DAYS AFTER THE DATE OF EXECUTION OF THIS 157
243-AGREEMENT BY THE BUYER, AND RECEIPT BY BUYER OF ALL OF 158
244-THE ITEMS REQUIRED TO BE DELIVERED TO HIM OR HER BY 159
245-THE DEVELOPER UNDER SECTION 718.503, FLORIDA STATUTES. 160
246-THIS AGREEMENT IS ALSO VOIDABLE BY BUYER BY DELIVERING 161
247-WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL 162
248-WITHIN 15 DAYS AFTER THE DATE OF RECEIPT FROM THE 163
249-DEVELOPER OF ANY AMENDMENT WHICH MATERIALLY ALTERS OR 164
250-MODIFIES THE OFFERING IN A MANNER THAT IS ADVERSE TO 165
251-THE BUYER. ANY PURPORTED WAIVER OF THESE VOIDABILITY 166
252-RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE 167
253-TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 DAYS 168
254-AFTER THE BUYER HAS RECEIVED ALL OF THE ITEMS 169
255-REQUIRED. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL 170
256-TERMINATE AT CLOSING. FIGURES CONTAINED IN ANY BUDGET 171
257-DELIVERED TO THE BUYER PREPARED IN ACCORDANCE WITH THE 172
258-CONDOMINIUM ACT ARE ESTIMATES ONLY AND REPRESENT AN 173
259-APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND 174
260-CIRCUMSTANCES EXISTING AT THE TIME OF THE PREPARATION 175
236+RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE 151
237+DEVELOPER. FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE MADE 152
238+TO THIS CONTRACT AND THE DOCUMENTS REQUIRED BY SECTION 718.503, 153
239+FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR 154
240+LESSEE. 155
241+ 3. If the unit has been occupied by someone other than the 156
242+buyer, contain a statement that the unit has been occupied. 157
243+ 4. If the contract is for the sale or transfer of a unit 158
244+subject to a lease, include as an exhibit a copy of the executed 159
245+lease and shall contain within the text in conspicuous type: THE 160
246+UNIT IS SUBJECT TO A LEASE (OR SUBLEASE). 161
247+ 5. If the contract is for the lease of a unit for a term 162
248+of 5 years or more, include as an exhibit a copy of the proposed 163
249+lease. 164
250+ 6. If the contract is for the sale or lease of a unit that 165
251+is subject to a lien for rent payable under a lease of a 166
252+recreational facility or other commonl y used facility, contain 167
253+within the text the following statement in conspicuous type: 168
254+THIS CONTRACT IS FOR THE TRANSFER OF A UNIT THAT IS SUBJECT TO A 169
255+LIEN FOR RENT PAYABLE UNDER A LEASE OF COMMONLY USED FACILITIES. 170
256+FAILURE TO PAY RENT MAY RESULT IN FORECL OSURE OF THE LIEN. 171
257+ 7. State the name and address of the escrow agent required 172
258+by s. 718.202 and state that the purchaser may obtain a receipt 173
259+for his or her deposit from the escrow agent upon request. 174
260+ 8. If the contract is for the sale or transfer of a unit 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273-OF THE BUDGET BY THE DEVELOPER. ACTUAL COSTS OF SUCH 176
274-ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH CHANGES IN 177
275-COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN THE 178
276-OFFERING. 179
277- 2. Contain the following caveat in conspicuous type on the 180
278-first page of the contract: 181
279- 182
280-ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS 183
281-CORRECTLY STATING THE REPRESENTATIONS OF THE 184
282-DEVELOPER. FOR CORRECT REPRESENTATIONS, REFERENCE 185
283-SHOULD BE MADE TO THIS CONTRACT AND THE DOCUMENTS 186
284-REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE 187
285-FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE. 188
273+in a condominium in which timeshare estates have been or may be 176
274+created, contain within the text in conspicuous type: UNITS IN 177
275+THIS CONDOMINIUM ARE SUBJECT TO TIMESHARE ESTATES. The contract 178
276+for the sale of a fee interest in a timeshare estate shall also 179
277+contain, in conspicuous type, the following: FOR THE PURPOSE OF 180
278+AD VALOREM TAXES OR SPECIAL ASSESSMENTS LEVIED BY TAXING 181
279+AUTHORITIES AGAINST A FEE INTEREST IN A TIMESHARE ESTATE, THE 182
280+MANAGING ENTITY IS GENERALLY CONSIDERED THE TAXPAYER UNDER 183
281+FLORIDA LAW. YOU HAVE THE RIGHT TO CHALLENGE AN ASSESSMENT BY A 184
282+TAXING AUTHORITY RELATING TO YOUR TIMESHARE ESTATE PURSUANT TO 185
283+THE PROVISIONS OF CHAPTER 194, FLORIDA STATUTES. 186
284+ 9. Contain within the text the following statement in 187
285+conspicuous type: 188
286286 189
287- 3. If the unit has been occupied by someone other than the 190
288-buyer, contain a statement that the unit has been o ccupied. 191
289- 4. If the contract is for the sale or transfer of a unit 192
290-subject to a lease, include as an exhibit a copy of the executed 193
291-lease and shall contain within the text in conspicuous type: 194
292-"THE UNIT IS SUBJECT TO A LEASE (OR SUBLEASE). " 195
293- 5. If the contract is for the lease of a unit for a term 196
294-of 5 years or more, include as an exhibit a copy of the proposed 197
295-lease. 198
296- 6. If the contract is for the sale or lease of a unit that 199
297-is subject to a lien for rent payable under a lease of a 200
287+HOMEOWNERS' INSURANCE POLICIES D O NOT INCLUDE COVERA GE FOR 190
288+DAMAGE RESULTING FRO M FLOODING. BUYER IS ENCOURAGED TO DISCUSS 191
289+THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH 192
290+BUYER'S INSURANCE AG ENT. 193
291+ 194
292+DEVELOPER IS .... IS NOT .... AWARE OF DAMAGE TO T HE PROPERTY 195
293+CAUSED BY FLOODING D URING THE DEVELOPER' S OWNERSHIP OF THE 196
294+PROPERTY. 197
295+ 198
296+DEVELOPER HAS .... H AS NOT .... FILED A CLAIM WITH AN INSURA NCE 199
297+PROVIDER RELATING TO FLOOD DAMAGE ON THE PROPERTY OR COMMON 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310-recreational facility or other commonly used facility, contain 201
311-within the text the following statement in conspicuous type: 202
310+ELEMENTS, INCLUDING, BUT NOT LIMITED TO, A CLAIM WITH THE 201
311+NATIONAL FLOOD INSURAN CE PROGRAM. 202
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313-THIS CONTRACT IS FOR THE TRANSFER OF A UNIT THAT IS 204
314-SUBJECT TO A LIEN FOR RENT PAYABLE UNDER A LEASE OF 205
315-COMMONLY USED FACILITIES. FAILURE TO PAY RENT MA Y 206
316-RESULT IN FORECLOSURE OF THE LIEN. 207
313+DEVELOPER HAS .... H AS NOT .... RECEIVED ASSISTANCE FOR FLOOD 204
314+DAMAGE TO THE PROPER TY OR COMMON ELEMENT S, INCLUDING, BUT NO T 205
315+LIMITED TO, ASSISTAN CE FROM THE FEDERAL EMERGENCY MANAGEMENT 206
316+AGENCY. 207
317317 208
318- 7. State the name and address of the escrow agent required 209
319-by s. 718.202 and state that the purchaser may obtain a receipt 210
320-for his or her deposit from the escrow agent upon request. 211
321- 8. If the contract is for the sa le or transfer of a unit 212
322-in a condominium in which timeshare estates have been or may be 213
323-created, contain within the text in conspicuous type: "UNITS IN 214
324-THIS CONDOMINIUM ARE SUBJECT TO TIMESHARE ESTATES. " The contract 215
325-for the sale of a fee interest in a ti meshare estate shall also 216
326-contain, in conspicuous type, the following: 217
327- 218
328-FOR THE PURPOSE OF AD VALOREM TAXES OR SPECIAL 219
329-ASSESSMENTS LEVIED BY TAXING AUTHORITIES AGAINST A FEE 220
330-INTEREST IN A TIMESHARE ESTATE, THE MANAGING ENTITY IS 221
331-GENERALLY CONSIDERED THE TA XPAYER UNDER FLORIDA LAW. 222
332-YOU HAVE THE RIGHT TO CHALLENGE AN ASSESSMENT BY A 223
333-TAXING AUTHORITY RELATING TO YOUR TIMESHARE ESTATE 224
334-PURSUANT TO THE PROVISIONS OF CHAPTER 194, FLORIDA 225
335-
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343-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
344-
345-
346-
347-STATUTES. 226
348- 227
349- 9. Contain within the text the following statement in 228
350-conspicuous type: 229
351- 230
352-HOMEOWNERS' INSURANC E POLICIES DO NOT IN CLUDE COVERAGE 231
353-FOR DAMAGE RESULTING FROM FLOODING. BUYER IS 232
354-ENCOURAGED TO DISCUS S THE NEED TO PURCHA SE SEPARATE 233
355-FLOOD INSURANCE COVE RAGE WITH BUYER'S IN SURANCE AGENT. 234
356- 235
357-DEVELOPER IS ☐ IS NOT ☐ AWARE OF DAMAGE TO THE 236
358-PROPERTY OR COMMON E LEMENTS CAUSED BY FL OODING DURING 237
359-THE DEVELOPER'S OWNE RSHIP OF THE PROPERT Y. 238
360- 239
361-DEVELOPER HAS ☐ HAS NOT ☐ FILED A CLAIM WITH AN 240
362-INSURANCE PROVIDER R ELATING TO FLOOD DAM AGE ON THE 241
363-PROPERTY OR COMMON E LEMENTS, INCLUDING, BUT NOT 242
364-LIMITED TO, A CLAIM WITH THE NATIONAL FL OOD INSURANCE 243
365-PROGRAM. 244
366- 245
367-DEVELOPER HAS ☐ HAS NOT ☐ RECEIVED ASSISTANCE FOR 246
368-FLOOD DAMAGE TO THE PROPERTY OR COMMON E LEMENTS, 247
369-INCLUDING, BUT NOT L IMITED TO, ASSISTANC E FROM THE 248
370-FEDERAL EMERGENCY MA NAGEMENT AGENCY. 249
371- 250
372-
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380-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
381-
382-
383-
384-FOR PURPOSES OF THIS DISCLOSURE, THE TERM "FLOODING" 251
385-MEANS A GENERAL OR T EMPORARY CONDITION O F PARTIAL OR 252
386-COMPLETE INUNDATION OF THE PROPERTY OR COMMON ELEMEN TS 253
387-CAUSED BY THE OVERFL OW OF INLAND OR TIDA L WATERS; THE 254
388-UNUSUAL AND RAPID AC CUMULATION OF RUNOFF OR SURFACE 255
389-WATERS FROM ANY ESTA BLISHED WATER SOURCE , SUCH AS A 256
390-RIVER, STREAM, OR DR AINAGE DITCH; OR SUS TAINED PERIODS 257
391-OF STANDING WATER RE SULTING FROM RAINFAL L. 258
392- Section 4. Paragraph (a) of subsection (1) of section 259
393-719.503, Florida Statutes, is amended to read: 260
394- 719.503 Disclosure prior to sale. — 261
395- (1) DEVELOPER DISCLOSURE. — 262
396- (a) Contents of contracts. —Any contracts for the sale of a 263
397-unit or a lease thereof for an unexpired term of more than 5 264
398-years shall contain: 265
399- 1. The following legend in conspicuous type: 266
400- 267
401-THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING 268
402-WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL 269
403-WITHIN 15 DAYS AFTER THE D ATE OF EXECUTION OF THIS 270
404-AGREEMENT BY THE BUYER, AND RECEIPT BY BUYER OF ALL OF 271
405-THE ITEMS REQUIRED TO BE DELIVERED TO HIM OR HER BY 272
406-THE DEVELOPER UNDER SECTION 719.503, FLORIDA STATUTES. 273
407-THIS AGREEMENT IS ALSO VOIDABLE BY BUYER BY DELIVERING 274
408-WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL 275
409-
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417-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
418-
419-
420-
421-WITHIN 15 DAYS AFTER THE DATE OF RECEIPT FROM THE 276
422-DEVELOPER OF ANY AMENDMENT WHICH MATERIALLY ALTERS OR 277
423-MODIFIES THE OFFERING IN A MANNER THAT IS ADVERSE TO 278
424-THE BUYER. ANY PURPORTED WAIVER OF THESE VOIDABILITY 279
425-RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE 280
426-TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 DAYS 281
427-AFTER THE BUYER HAS RECEIVED ALL OF THE ITEMS 282
428-REQUIRED. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL 283
429-TERMINATE AT CLOSING. FIGURES CONTAINED IN ANY BUDGET 284
430-DELIVERED TO THE BUYER PREPARED IN ACCORDANCE WITH THE 285
431-COOPERATIVE ACT ARE ESTIMATES ONLY AND REPRESENT AN 286
432-APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND 287
433-CIRCUMSTANCES EXISTING AT THE TIME OF THE PREPARATION 288
434-OF THE BUDGET BY THE DEVELOPER. ACTUAL COSTS OF SU CH 289
435-ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH CHANGES IN 290
436-COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN THE 291
437-OFFERING. 292
438- 293
439- 2. The following caveat in conspicuous type shall be 294
440-placed upon the first page of the contract: 295
441- 296
442-ORAL REPRESENTATIONS CANNOT BE RE LIED UPON AS 297
443-CORRECTLY STATING THE REPRESENTATIONS OF THE 298
444-DEVELOPER. FOR CORRECT REPRESENTATIONS, REFERENCE 299
445-SHOULD BE MADE TO THIS CONTRACT AND THE DOCUMENTS 300
446-
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454-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
455-
456-
457-
458-REQUIRED BY SECTION 719.503, FLORIDA STATUTES, TO BE 301
459-FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE . 302
460- 303
461- 3. If the unit has been occupied by someone other than the 304
462-buyer, a statement that the unit has been occupied. 305
463- 4. If the contract is for the sale or transfer of a unit 306
464-subject to a lease, the contract shall include as an exhibit a 307
465-copy of the executed lease and shall contain within the text in 308
466-conspicuous type: "THE UNIT IS SUBJECT TO A LEASE (OR 309
467-SUBLEASE)." 310
468- 5. If the contract is for the lease of a unit for a term 311
469-of 5 years or more, the contract shall include as an exhibit a 312
470-copy of the proposed l ease. 313
471- 6. If the contract is for the sale or lease of a unit that 314
472-is subject to a lien for rent payable under a lease of a 315
473-recreational facility or other common areas, the contract shall 316
474-contain within the text the following statement in conspicuous 317
475-type: "THIS CONTRACT IS FOR THE TRANSFER OF A UNIT THAT IS 318
476-SUBJECT TO A LIEN FOR RENT PAYABLE UNDER A LEASE OF COMMON 319
477-AREAS. FAILURE TO PAY RENT MAY RESULT IN FORECLOSURE OF THE 320
478-LIEN." 321
479- 7. The contract shall state the name and address of the 322
480-escrow agent required by s. 719.202 and shall state that the 323
481-purchaser may obtain a receipt for his or her deposit from the 324
482-escrow agent, upon request. 325
483-
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491-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
492-
493-
494-
495- 8. If the contract is for the sale or transfer of a unit 326
496-in a cooperative in which timeshare estates have been or may be 327
497-created, the following text in conspicuous type: "UNITS IN THIS 328
498-COOPERATIVE ARE SUBJECT TO TIMESHARE ESTATES. " The contract for 329
499-the sale of a timeshare estate must also contain, in conspicuous 330
500-type, the following: 331
501- 332
502-FOR THE PURPOSE OF AD VALOREM TAXES OR S PECIAL 333
503-ASSESSMENTS LEVIED BY TAXING AUTHORITIES AGAINST A 334
504-TIMESHARE ESTATE, THE MANAGING ENTITY IS GENERALLY 335
505-CONSIDERED THE TAXPAYER UNDER FLORIDA LAW. YOU HAVE 336
506-THE RIGHT TO CHALLENGE AN ASSESSMENT BY A TAXING 337
507-AUTHORITY RELATING TO YOUR TIMESHARE ESTATE PU RSUANT 338
508-TO THE PROVISIONS OF CHAPTER 194, FLORIDA STATUTES. 339
509- 340
510- 9. Contain within the text the following statement in 341
511-conspicuous type: 342
512- 343
513-HOMEOWNERS' INSURANC E POLICIES DO NOT IN CLUDE COVERAGE 344
514-FOR DAMAGE RESULTING FROM FLOODING. BUYER IS 345
515-ENCOURAGED TO DISCUS S THE NEED TO PURCHASE SEPARATE 346
516-FLOOD INSURANCE COVE RAGE WITH BUYER'S IN SURANCE AGENT. 347
517- 348
518-DEVELOPER IS ☐ IS NOT ☐ AWARE OF DAMAGE TO THE 349
519-PROPERTY OR COMMON E LEMENTS CAUSED BY FL OODING DURING 350
520-
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528-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529-
530-
531-
532-THE DEVELOPER'S OWNE RSHIP OF THE PROPERT Y. 351
533- 352
534-DEVELOPER HAS ☐ HAS NOT ☐ FILED A CLAIM WITH AN 353
535-INSURANCE PROVIDER R ELATING TO FLOOD DAM AGE ON THE 354
536-PROPERTY OR COMMON E LEMENTS, INCLUDING, BUT NOT 355
537-LIMITED TO, A CLAIM WITH THE NATIONAL FL OOD INSURANCE 356
538-PROGRAM. 357
539- 358
540-DEVELOPER HAS ☐ HAS NOT ☐ RECEIVED ASSISTANCE FOR 359
541-FLOOD DAMAGE TO THE PROPERTY OR COMMON E LEMENTS, 360
542-INCLUDING, BUT NOT L IMITED TO, ASSISTANC E FROM THE 361
543-FEDERAL EMERGENCY MA NAGEMENT AGENCY. 362
544- 363
545-FOR PURPOSES OF THIS DISCLOSURE, THE TERM "FLOODING" 364
546-MEANS A GENERAL OR T EMPORARY CONDITION O F PARTIAL OR 365
547-COMPLETE INUNDATION OF THE PROPERTY OR C OMMON ELEMENTS 366
548-CAUSED BY THE OVERFL OW OF INLAND OR TIDA L WATERS; THE 367
549-UNUSUAL AND RAPID AC CUMULATION OF RUNOFF OR SURFACE 368
550-WATERS FROM ANY ESTA BLISHED WATER SOURCE , SUCH AS A 369
551-RIVER, STREAM, OR DR AINAGE DITCH; OR SUSTAINED PER IODS 370
552-OF STANDING WATER RE SULTING FROM RAINFAL L. 371
553- Section 5. Subsection (6) is added to section 723.011, 372
554-Florida Statutes, to read: 373
555- 723.011 Disclosure prior to rental of a mobile home lot; 374
556-prospectus, filing, approval. — 375
557-
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565-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566-
567-
568-
569- (6)(a) A mobile home park owner must complete and provide 376
570-a flood disclosure to a prospective lessee of a mobile home lot. 377
571-Such disclosure must be provided before the execution of the lot 378
572-rental agreement or at the time of occupancy, whichever occurs 379
573-first. The flood disclosure must be in a separate document from 380
574-the lot rental agreement. The flood disclosure must be made in 381
575-substantially the following form: 382
576- 383
577-FLOOD DISCLOSURE 384
578-Flood Insurance: Homeowners' and renters' insurance 385
579-policies do not include coverage for dam age resulting 386
580-from floods. You are encouraged to discuss the need to 387
581-purchase separate flood insurance coverage with your 388
582-insurance agent. 389
583- 1. The mobile home park owner is ☐ is not ☐ 390
584-aware of damage to the property caused by flooding 391
585-during the mobile ho me park owner's ownership of the 392
586-property. 393
587- 2. The mobile home park owner has ☐ has not ☐ 394
588-filed a claim with an insurance provider relating to 395
589-flood damage to the property, including, but not 396
590-limited to, a claim with the National Flood Insurance 397
591-Program. 398
592- 3. The mobile home park owner has ☐ has not ☐ 399
593-received assistance for flood damage to the property, 400
594-
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602-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603-
604-
605-
606-including, but not limited to, assistance from the 401
607-Federal Emergency Management Agency. 402
608- 4. For purposes of this disclosure, the term 403
609-"flooding" means a general or temporary condition of 404
610-partial or complete inundation of the property caused 405
611-by any of the following: 406
612- a. The overflow of inland or tidal waters. 407
613- b. The unusual and rapid accumulation of runoff 408
614-or surface waters from any established water sou rce, 409
615-such as a river, stream, or drainage ditch. 410
616- c. Sustained periods of standing water resulting 411
617-from rainfall. 412
618- 413
619- (b) If a mobile home park owner violates this section and 414
620-a lessee suffers a substantial loss or damage to the lessee's 415
621-mobile home or personal property as a result of flooding, the 416
622-lessee may terminate the lot rental agreement by giving a 417
623-written notice of termination to the mobile home park owner no 418
624-later than 30 days after the date of the damage or loss. 419
625-Termination of a lot rental agreem ent under this section is 420
626-effective when the requirements of s. 723.023(5) are met. For 421
627-purposes of this paragraph, the term "substantial loss or 422
628-damage" means the total cost of repairs to or replacement of the 423
629-mobile home and personal property is 50 perce nt or more of the 424
630-mobile home's and personal property's market value on the date 425
631-
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639-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640-
641-
642-
643-the flooding occurred. 426
644- (c) A mobile home park owner shall refund the lessee all 427
645-rent or other amounts paid in advance under the lot rental 428
646-agreement for any period after the effective date of the 429
647-termination of the lot rental agreement. 430
648- (d) This section does not affect a lessee's liability 431
649-for delinquent, unpaid rent or other sums owed to the 432
650-mobile home park owner before the date the lot rental 433
651-agreement was terminated by the lessee under this 434
652-subsection. 435
653- Section 6. This act shall take effect October 1, 2025. 436
318+FOR THE PURPOSES OF THIS DISCLOSURE, THE TERM "FL OODING" MEANS A 209
319+GENERAL OR TEMPORARY CONDITION OF PARTIAL OR COMPLETE INUNDA TION 210
320+OF THE PROPERTY OR C OMMON ELEMENTS CAUSE D BY THE OVERFLOW OF 211
321+INLAND OR TIDAL WATE RS; THE UNUSUAL AND RAPID ACCUMULATION O F 212
322+RUNOFF OR SURFACE WA TERS FROM ANY ESTABLISHED WATER SOURCE, SUCH 213
323+AS A RIVER, STREAM, OR DRAINAGE DITCH; O R SUSTAINED PERIODS OF 214
324+STANDING WATER RESUL TING FROM RAINFALL. 215
325+ Section 4. This act shall take effect October 1, 2025. 216